An illness acquired at work or a common cold awaits any person, and they require medical care and complete rest. Being sick and working at full capacity is quite problematic, and complications can even lead to the need for hospitalization. Of course, the main thing is the employee’s health, so you need to take out sick leave, to which he has every right. Many people are interested in: how long can treatment last? Almost every year, more and more nuances appear in the legislation; not everyone can keep track of them. That is why it is important for an employee to know: can a long stay at home cause dismissal? And how long can you stay on sick leave?
Sick leave: what is it, rules for issuing
A sick leave is not just a document that gives the right not to be at work for health reasons, but also something that allows a person to care for a member of his family, be it a disabled person or a sick child. To obtain it, two conditions must be met:
- having citizenship of the Russian Federation;
- For a foreigner or stateless individual, this must be temporary registration or a document confirming permanent residence in Russia.
Sick leave is given to the following categories of people:
- working under a pre-concluded employment contract;
- those who work in the field of jurisprudence;
- civil servants;
- individual entrepreneurs;
- those who are not registered as an individual entrepreneur, but are members of a family or tribal community of any northern people who constantly contribute money to their insurance;
- other citizens who pay insurance premiums in case of disability.
So, let’s figure out how long you can be on sick leave.
Who pays back
To pay money on sick leave, it doesn’t matter how many days the maximum sick leave is open for, the employee must be insured. The employer must transfer insurance contributions to the Social Insurance Fund. According to the legislation of the Russian Federation, every officially employed employee is insured.
When applying for sick leave, the first 3 days of sick leave are paid from the employer’s funds. Next, the Social Insurance Fund makes the payment from its own money. When caring for a child or relative, sick leave is fully paid from the Social Insurance Fund.
Maximum permissible duration of sick leave
In 2012, it was established that a therapist can write a standard period of up to 15 days on a hospital form. After this, the patient must come for an appointment, where, in case of recovery, the sheet will be closed or extended for another 15 days if the person is still sick. In case of unsatisfactory physical condition, after a month a council meets to decide what to do next. Moreover, if the patient was observed in a private clinic, then he will be sent to a state institution for a commission. How many days can you stay on sick leave if recovery does not occur?
If there are no other options, the sick leave is extended for ten months (when the case is very severe, then for one year), a special document is drawn up, which describes the diagnosis and treatment methods. Most often, the patient is offered treatment in a day hospital. During the year, he must visit the doctor every month and talk about all the changes. How long can you stay on sick leave in special cases?
Duration of maternity leave
Leave related to pregnancy and childbirth for women is also issued as sick leave. The length of stay on such leave is, as a rule, 140 days, that is, 70 days before the PDR and another 70 after. Sick leave is issued immediately for the entire period, upon reaching 30 weeks of pregnancy.
In case of complicated pregnancy or childbirth, or the birth of twins, the duration of sick leave will be increased. But the total duration cannot exceed 194 days. Extension of leave is issued with an additional certificate of incapacity for work. Payment is made by the employer as in the case of illness or injury.
Special cases
The dentist can issue sick leave for ten days. A patient after a stroke is entitled to the following:
- if the stroke is small or mild, then sick leave is given for 2.5-3 months (with treatment for one month in a hospital);
- 3-4 months if the stroke is moderate;
- 4-7 months in severe form (with possible disability).
In case of an oncological diagnosis, sick leave can last 120 days, after which a medical and social examination is prescribed. If a person falls ill while on vacation, payment is made as usual. How long can you be on sick leave a year? More on this later.
Amount of payment to the employee
The amount of cash payment almost always depends on length of service:
- With an experience of 6 months to 5 years, payments will be 60% of the average salary.
- With 5 to 8 years of experience, payments increase to 80% of the average salary
- 100% of average earnings during illness are paid if the work experience is at least 8 years.
- After dismissal, payment is made in the amount of 60% of average earnings, regardless of the employee’s length of service.
If sick leave is opened due to pregnancy and childbirth, then payment is made at 100% of the average earnings without taking into account the employee’s length of service.
Average earnings are calculated for the last 2 years. If the employee has worked at his current place for less than two years, then the salary from the previous place of work is taken into account. If the work experience is less than 6 months or there is no earnings in the billing period, accruals will be made in the form of the minimum wage (minimum wage).
However, the law establishes a maximum limit of taken into account earnings for the calculation:
- for 2021 – the amount is 670,000 rubles.
- for 2021 it is 718,000 rubles.
- for 2021 – 755,000 rubles.
Baby care
If one of the parents is going to apply for sick leave to care for a child, he has the right to the following duration:
- if the child is not yet seven years old, then no more than 60 days can be missed per year (in extreme cases - up to 90);
- if the child’s age is from 7 to 15, then annually you can get 15-45 days;
- if a child is recognized as disabled (under 18 years of age), during his illness the employee can devote 120 days a year to this.
The length of sick leave depends on how many children there are in the family. Care is taken into account not only for children, but also for grandchildren, stepchildren, sisters, and brothers.
How long can you stay on sick leave after surgery?
What guarantees does a certificate of incapacity for work provide?
Officially employed citizens registered with the Social Insurance Fund have the legal right to interrupt their work due to illness or injury.
If health problems require serious treatment at home or in a hospital, then the person may temporarily stop performing duties. However, in the future, the existence of grounds for absence from work will need to be certified. This is why a sick leave is needed. The document gives the employee the right to the following guarantees:
- maintaining a working position during treatment and recovery;
- calculation of cash payment on the ballot for the period of absence.
In addition, an employee on sick leave has some protection. As Art. 81 of the Labor Code of the Russian Federation, the dismissal of a citizen at this moment is unlawful. The grounds on which the contract is supposed to be terminated do not matter in this case. Only the employee himself can initiate the procedure while on sick leave.
Expert commentary
Leonov Victor
Lawyer
It is also important to remember that you can open a certificate of incapacity for work both because of your own illness and if health problems arise in a relative (children and other family members). The therapist or attending physician of the medical organization in which the person is being treated has the right to prepare a bulletin. According to Order of the Ministry of Health and Social Development No. 624n (Article 1, paragraph 2), paramedics and dentists are also vested with similar powers. Sick leave should be opened from the first day of illness, because issuing it retroactively is considered a violation of the law.
Female employees can also be issued a certificate of incapacity for work in connection with future motherhood. We are talking about maternity leave. The basis here is the very fact of bearing a child, as well as future births. Such a bulletin is issued by an obstetrician-gynecologist or, in his absence, by a family doctor.
Sick leave after surgery
It is possible to obtain a certificate of temporary disability from any doctor (surgeon, gynecologist, ophthalmologist, etc.), the most important thing is that he confirms the fact of the operation and the availability of a license to practice medicine.
A sick leave of this kind is given until the patient has fully recovered; it can be extended up to ten or even twelve months. If a patient requires treatment in a sanatorium, he has the right to additional vacation pay (up to 24 days). If after all this he feels unwell and cannot perform his professional duties, then he will have to undergo a commission with a full examination and be assigned a disability. After laparoscopy, sick leave is opened for a very short period of time - 7-10 days.
Diseases, injuries and duration of disability
The maximum period of absence from work depends on the illness and its severity. There is no specific minimum period of sick leave.
Since 2012, the standard ballot period is 15 days. After which the attending physician closes the sick leave or extends it. If after a month of therapy there is no improvement in the patient’s condition, a consultation is held at which further treatment methods are determined.
During the consultation, it is also decided whether the patient will be treated on an outpatient or inpatient basis. There are special cases and diseases in which the duration of the bulletin is determined individually, based on the patient’s condition.
Dentistry
In case of complex tooth extraction using general anesthesia, it is possible to issue a notice for a period of 3 to 10 days.
A certificate of short-term incapacity for work can be issued if:
- committing a medical error resulting in complications;
- the appearance of an acute allergic reaction;
- infectious infection requiring treatment in hospital;
- the occurrence of side effects: swelling, severe pain, fever.
Injuries
In case of fractures, sick leave is opened for the entire healing process and for the duration of subsequent rehabilitation. The exact duration depends on the severity of the injury and associated complications.
Treatment period for fractures:
- limbs - 30-60 days;
- spine - from 60 to 240 days.
For a concussion, the period of incapacity for work is 20-28 days.
Oncology
The period of disability for cancer pathologies is up to six months and is determined by the stage of the disease. After the end of this period, a special commission is convened to determine the current state of health.
Stroke
In case of cerebral hemorrhages, the bulletin is opened for the stage of therapy and subsequent rehabilitation.
The duration of sick leave depends on the degree of stroke:
- light—2-3 months;
- moderate severity - 3-4 months;
- severe - up to 7 months, with possible subsequent disability.
Sanatorium rehabilitation
If there are indications for sanatorium-resort treatment, the employee receives sick leave for a period of up to 24 days. But if a visit to a sanatorium is required because the employee was injured at work, the period is extended for the entire rehabilitation period.
Illness of close relatives
In this case, you can take a ballot in order to care for both an adult and a child. If an adult needs therapy and care, then a bulletin is issued for the duration of the sick leave.
The situation is different when caring for children.
The deadline for completing the ballot will depend on the age of the child:
- 7 years and younger - for the entire period of illness;
- 7-15 years - no longer than 15 days;
- 15 years and older - 3 days, but extension for several days is possible upon decision of the medical commission.
Medical certificate before recovery
How long can you stay on sick leave after surgery if you have a medical certificate?
A medical certificate is issued to the employee until he is able to work. The maximum period is ten months, but it can be extended by another two months if:
1) the patient suffered from tuberculosis;
2) the employee was seriously injured;
3) the employee underwent reconstructive surgery.
If you have a long-term sick leave, you need to renew it every fifteen days. After two weeks, the patient must attend meetings of the commission that records his condition and level of recovery at the moment. We looked at how long you can be on sick leave. Will it be paid?
Extension in hospital
While undergoing inpatient treatment, the patient does not have to worry about the doctor forgetting to extend the sick leave. Depending on the dynamics of recovery, the attending physician will determine the duration of your treatment and will also record it in the document.
During long-term treatment, you may end up with several sick leaves. The first will indicate that the person continues treatment; the subsequent ones must indicate the number of the sheet that you are renewing.
On the recommendation of a doctor, after discharge from the hospital, your certificate of incapacity for work may be extended at the clinic at your place of residence, but the duration of sick leave cannot exceed more than 10 days.
For a number of diseases, if a long period of rehabilitation is required, a commission can be assembled to make a decision on the timing of the extension of sick leave. Their term cannot exceed 10 months, in particularly difficult situations - 1 year.
Even after the decision on extension is made, the patient will have to visit the attending physician every 15 days, otherwise the sick leave will be closed.
Labor Code and regulation of relations between employer and employee
The Labor Code of the Russian Federation states in Article 81 that dismissal of an employee with temporary disability or on vacation is impossible (except in cases where the organization is liquidated or the activity of an individual entrepreneur ends). According to Article 183, the employer must pay temporary disability benefits, which are specified in federal laws.
Article 7 of the federal law “On compulsory social insurance in case of temporary disability and in connection with maternity”, benefits are paid in the following amounts:
- If a person is insured and has eight or more years of experience - 100% of the average salary.
- If the duration of the insurance period is from five to eight years - 80%.
- If the insurance period is up to five years, then 60% is paid.
In paragraph 1 of Article 6, the above-mentioned federal law specifies that benefits for temporary disability due to injury or illness are paid to the insured employee for the entire period until his full recovery (or determination of disability, with the exception of the following cases (parts 3 and 4 of this article).
- If the insured person is recognized as disabled in accordance with the established procedure, the benefit is paid for no longer than four consecutive months or five months of the calendar year. An exception is tuberculosis, when payments occur before the day of restoration of working capacity or the day when the disability group is revised due to tuberculosis.
- An insured person who has entered into a fixed-term employment contract/service contract of up to six months, as well as an employee whose injury or illness appeared from the date of conclusion of the contract to the day of its cancellation, receive payments for no more than 75 calendar days under this contract. If an employee becomes ill with tuberculosis, benefits are paid as in the previous paragraph. In this case, the benefit is paid from the day on which the employee was supposed to begin work. Naturally, temporary disability must be properly confirmed, that is, a certificate must be present.
Is it necessary to notify the employer?
Neither the Labor Code of the Russian Federation nor the Law on Temporary Disability states that an employee is obliged to notify management about his sick leave.
However, Article 21 of the Labor Code of the Russian Federation stipulates the obligation to observe labor discipline. Since failure to show up for work without warning is a violation and the employer can take disciplinary action against such an employee.
However, this question remains controversial; neither lawyers nor personnel specialists can give a clear answer to it. Often an employee does not go to the doctor and treats himself. Then he is obliged to warn the employer about the illness, and also agree with him on the maximum period of treatment at home.
Expert opinion
Irina Vasilyeva
Civil law expert
According to Article 81 of the Labor Code of the Russian Federation, management has the right to apply disciplinary sanctions, including dismissal, if an employee who does not have sick leave was absent from work for more than 4 hours without warning.
About dismissal
So, how long can you be on sick leave continuously?
Thus, you can be sick without a break for up to one year if you have supporting documents, anamnesis, and certificates. There are no conditions for dismissing an employee due to a long list of incapacity for work; most often they talk about unfavorable options for an employee who has received a disability group. But if a decision is made to dismiss a disabled person with whom the contract is valid, then such a case can be easily challenged and won in court.
We hope that it is now clear to readers how long it is legally possible to remain on sick leave.
